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Old 10-15-2020, 11:00 PM   #1
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Does Owning a S&B Require Change of Domicile

We are starting to consider our plans to go from FT South Dakota residents to home owners. Nothing firm but starting our research.

As it stands we think we may have a couple of years where we overlap own a S&B and still travel in excess of 6 months.

Our target states are AZ and NM which have income tax.

Obviously, I would like to retain my SD residency for as long as possible.

At what point would this be "unwise"?
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Old 10-15-2020, 11:11 PM   #2
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We have property in WA as SD residents but we are careful not to spend more than 6 months in our house. You can own property anywhere and have a house/condo in any state or multiple states as long as you are aware of what constitutes being a resident of that state.
If you decide to have a house in either state, keep impeccable records about your time out of state so you can document if called on the carpet.
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Old 10-15-2020, 11:28 PM   #3
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Quote:
Originally Posted by dons2346 View Post
We have property in WA as SD residents but we are careful not to spend more than 6 months in our house. ...
Thanks for that and it gave me a theme to run through Google. I found the following

NM - https://support.taxslayer.com/hc/en-...or-New-Mexico-

AZ - https://www.keystonelawfirm.com/reti...zona-resident/

It seems you hit the nail on the head with the 6 month time frame.
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Old 10-16-2020, 12:06 AM   #4
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Yep, depends on the state. 6 months out is common. I'm in CA - 6 months.
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Old 10-25-2020, 10:31 PM   #5
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Originally Posted by dons2346 View Post
We have property in WA as SD residents but we are careful not to spend more than 6 months in our house. You can own property anywhere and have a house/condo in any state or multiple states as long as you are aware of what constitutes being a resident of that state.
If you decide to have a house in either state, keep impeccable records about your time out of state so you can document if called on the carpet.
As a follow up...

Do you avoid being in either state more than 6 months?

We signed with a contractor in Las Cruces NM to build a new home and we are expecting a completion date of Dec 1st 2021. We need to be in Las Cruces around April 15th for the electrical walk through. Also...we are reducing our travel in 2021 for both Covid and budget related issues.

Additionally, an interesting issue is that we close on the project about December 15th of this year (2020). This is not a typical construction loan. In effect, when we close we own the property and the builder draws funds from the loan as they need them.

Initially I had us out of NM the months of Jan, Feb, March and July. Our time in NM (April, May, August - November) would be in a local RV park except that December we would be in our home. I am wondering if I need to add a couple months out of the state to avoid accidentally being tagged as a NM resident.
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